Joe Hernandez Enterprise, Inc. v. Chris Hotard and Melissa Hotard
The case involves Joe Hernandez Enterprise, Inc. (Hernandez) challenging a default judgment obtained by Chris and Melissa Hotard after a vehicle collision. Hernandez failed to answer the petition, and the trial court refused to set aside the default judgment. The appellate court applied the Craddock v. Sunshine Bus Lines rule, finding that Hernandez's failure to answer was not intentional or consciously indifferent, as the citation and petition were inadvertently lost during transmission by its insurer, which was in receivership. Hernandez also presented a meritorious defense, alleging Chris Hotard's negligence contributed to the accident and that some wrist injuries were pre-existing. The court determined that granting Hernandez's motion to set aside the default judgment would not cause delay or injury to the Hotards. Consequently, the appellate court reversed the trial court's judgment and remanded the cause for a trial on the merits.